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Cesidian law
New legal system conceived by Cesidio Tallini, although not widely accepted. Its foundations lie in the legal concept called jus cerebri electronici. ''Jus cerebri electronici'' Jus cerebri electronici (Latin for "right of the server") states that the jurisdiction under which a server or client falls is not determined by the territory on which the server lies, or even the territory on which it was built, but by the hypercitizenship or citizenship of the owner of the server or client. Jus cerebri electronici states that the owner of the server or client exercises higher title and jurisdiction because Roman law (jus sanguinis/''jus soli) doesn't apply at all to the Internet, but rather Cesidian law (''jus cerebri electronici). Any territorial nation's claim to the Internet based on the location of a server or client is in fact illegitimate. The rationale of jus cerebri electronici is actually based on international law. According to the Montevideo Convention Article 1, a state is such only if it has a territory. Non-territorial or virtual states are not true states under this Convention. Since non-territorial states are not true states according to international law, it follows that they are not proper jurisdictions either, the area to which the executive or legislative powers or laws of a government extend. Therefore computers, servers, and computer networks like the Internet are not legal jurisdictions on which the powers of the state, including powers of regulation and taxation, can legally apply. This idea has a parallel in the Tenth Amendment to the United States Constitution which is also about separation of powers, and states: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." In essence, this thinking is as follows: the powers not delegated to territorial states by the Montevideo Convention, nor prohibited by the Montevideo Convention to other jurisdictions, are reserved to other jurisdictions, or to the people. Since the Law of nations, and any special rights associated with the Law of nations, applies only to independent countries, which are territorial by their very nature, their jurisdiction does not extend to the Internet. But since even a country's sub-jurisdictions are also territorial in nature, their jurisdiction does not extend to the Internet either. Thus the jurisdiction of the Internet can only extend to the people. Roman law (jus sanguinis/''jus soli) in essence, which is also the basis of international law, does not apply to the Internet. If the Internet works, therefore, it is because a Higher Law is in effect, not matter (''jus soli) over mind (jus cerebri electronici), but rather mind (jus cerebri electronici) over matter (jus soli). Not only does the jurisdiction of a territorial state not extend to the Internet, but over the Internet higher title is in fact exercised by the owner/programmer of the server or client, and thus the jurisdiction is that of the human mind, and whatever jurisdiction the human mind can comprehend, recognise, or understand, free from duress of any kind. Jus cerebri electronici or the right of the server implies that servers or clients are sovereign entities in their own right by virtue of the human minds that program and control them, and territorial governments — governed by the right of the territory or jus soli — have no right to exercise power over them anymore than non-territorial states (e.g. micronations or Fifth World nations) can exercise power over land. Jus cerebri electronici shows what has been known for a long time by Western civilisation: the province of the territorial state is territory, and territory alone. States have no jurisdiction over the human mind, or over extensions of the human mind, such as computers and networks. ''Jus cerebri humani'' On 12 November 2007, thinking about jus cerebri electronici and micronational rights prompted an intellectual extension of Cesidian law through the development of the legal concept called jus cerebri humani. Jus cerebri humani (Latin for "right of the human brain") states that if the jurisdiction under which a server or client falls is not determined by the territory on which the server lies, but by the hypercitizenship or citizenship of the owner of the server or client, this means that the owner and controller of the jus cerebri electronici sovereign jurisdiction also has effective ownership of his own thoughts, and the legal jurisdiction those thoughts can create. This idea may seem similar to international copyright, trademark, and patent conventions, but jus cerebri humani is very different, because international intellectual property conventions only grant limited rights (rights for a limited time), or in effect intellectual privileges, while even the words jus cerebri humani alone imply a full right, and not a mere privilege. This idea is also different from international copyright, trademark, and patent conventions because it even applies to territorial nations without states. The rationale of jus cerebri humani is actually based on international law. According to the Montevideo Convention Article 3, the political existence of the state is independent of recognition by the other states. In other words, the political existence of your unrecognised state is perfectly legitimate even prior to international recognition. Even before recognition, any unrecognised state has the right to defend its integrity and independence. Nations without states, in other words, do own the copyrights or intellectual rights associated with their nation's territorial claims! According to the Montevideo Convention Article 3 in fact, the exercise of these rights has no other limitation other than the exercise of the rights of other states. The practical consequence of this right is that any violation of Micronational Professional Registry's Print Monopolies, Enterprise Names, Enterprise Marks, and Patents is, in effect, a kind of violation of Cesidian law, although it is not a violation of jus cerebri electronici ("right of the electronic brain"), but rather of the jus cerebri humani ("right of the human brain"). Violations of jus cerebri humani are in fact greater violations than violations of jus cerebri electronici, because with the former the violation is direct on the human being's intellectual rights, while with the latter the violation is indirect. Another practical consequence is that through jus cerebri humani Cesidian law doesn't apply solely to virtual micronations, which are Fifth and Sixth World nations, but also to territorial macronations and micronations, which are Fourth and Fifth World nations. In other words, Cesidian law applies to both territorial and virtual nations, to macronations and micronations. ''Jus humanae salutis'' Just as violations of jus cerebri humani are greater than violations of jus cerebri electronici, violations of any of the health common laws that exist to preserve human life, free from duress or restrictions of any kind, are also greater than violations of jus cerebri humani. In other words, if jus humanae salutis (Latin for "right of human health (or salvation)") is invalid, then all lesser rights — such as jus cerebri humani, jus cerebri electronici, and Article 1 of the Montevideo Convention respectively — are even more invalid. However, since it is not possible for any right to be more invalid than another, the internationally accepted Article 1 of the Montevideo Convention in particular, then jus humanae salutis is a valid right, and in fact it is a superior right to jus cerebri humani, which is superior to jus cerebri electronici, which is superior to Article 1 of the Montevideo Convention. The practical consequence of this right is that any violation of the Herbalists' Charter accepted by the Fifth World Health Organisation is, in effect, a kind of violation of Cesidian law, and in fact it is the highest known violation of Cesidian law! The Herbalists' Charter is still common law in 18 states of the eastern United States to this date, since it was never repealed in the original 13 colonies, but it is also common law in Canada, in the state of Nevada, and may be still common law throughout much of the British Commonwealth. To a degree, the Herbalists' Charter, which protects herbalists and all natural health practitioners from arbitrary prosecution, is still in force throughout the United States through the Ninth Amendment of the US Constitution, which states that, "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Under the Ninth Amendment one may claim the right to offer services and the right of others to obtain the same. However, through the Fifth World Health Organisation the Herbalists' Charter became common law throughout the Fourth, Fifth, and Sixth Worlds. Moreover, the rationale of jus humanae salutis is actually based on international law, and doesn't apply solely to the United States, Canada, much of the British Commonwealth, and to the Fourth, Fifth, and Sixth Worlds, since it also applies to contracting states of the Montevideo Convention, and may in fact apply universally. According to the Montevideo Convention Article 11, contracting states establish as a rule the obligation not to recognise territorial acquisitions or special advantages which have been obtained by force, or by any other effective coercive measure. In other words, you shall not deprive any state of its territory. However, if the territory of each state is sacrosanct, and is usually viewed that way by any state, because the properties of individual citizens are sacrosanct (right to private property), what more personal and intimate property does any citizen have than his own body? The violation of jus humanae salutis, the violation of any of the health common laws that exist to preserve human life, are no less violations than a violation of the Article 11 of the Montevideo Convention. In addition, the Latin words behind jus humanae salutis not only imply a right to human health, but also a right to human salvation, which is more a matter of the human soul than one of the human body. So another practical consequence is that through jus humanae salutis Cesidian law doesn't apply solely to human health, but also to spiritual or religious matters. Cesidian law through the three legal concepts of jus cerebri electronici, jus cerebri humani, and jus humanae salutis, effectively covers both territorial and virtual nations, macronations and micronations, intellectual property rights and regular property rights, the right to a healthy life, and even the right to spiritual salvation. Cesidian law deals with the entire human paradigm, and thus it may be viewed as the world's first form of holistic law. It deals with the right to property — intellectual and territorial property; the right to inherit property — genetic and territorial property; the right to emigration and naturalisation; the right to self-determination, autonomy, and independence; as well as the right to physical and spiritual health, i.e. freedom to heal oneself through natural and holistic health means, and to heal one's soul through religious study and practice. Essential Cesidian law In Mosaic law there are Ten Commandments. In Cesidian law there are fourteen. The first ten of the Cesidian Commandments are called "Bathetic", and are derived from 8 elements. The next three Commandments are called "Fundamental", and are derived from 3 elements. Finally, the last Commandment is called "Ultimate", or "The Greatest", and is derived from a single element. Altogether then there are 14 Commandaments, and these are derived from 12 elements, corresponding to the 12 rights ensured under Cesidian law. "Bathetic" Rights and Freedoms The word "Bathetic" is an acronym for the following elements: bank, agro, terra, hydro, electro, techno, info, credo. These are the 8 elements that are central to all life, since the elements attempt to cover everything that is necessary for basic survival in the modern world. Bathetic elements are thus basic elements. And Bathetic rights and freedoms are based on these necessary elements. Bathetic Element Bathetic Right or Freedom Related To Bank Right to Material Value Conversion Banking and Commerce, with an emphasis on service, not profit Agro Right to Access to Wholesome Food Organic Agriculture and Sound Animal Husbandry Terra Right to Own and Use Property Real Estate Hydro Right to Access Clean Drinking Water Springs,Wells, Rivers, Lakes, Seas, and Oceans Electro Right to Energy Availability Renewable Energy Sources Techno Right to Benefit from Nonpolluting, Nondestructive Technology Heating, Transportation Technologies Info Freedom of Ideas or Expression Communication, Media, and the Arts Credo Freedom of Religion, Right to an Advanced Education Religion and Education Fundamental Rights Thomas Jefferson claimed that there were three basic rights: Life, Liberty, and the Pursuit of Happiness. What he probably wanted to say, before someone made sure that the 13 Colonies had the "right" to expropriate someone's property (a violation of Mosaic and Cesidian law), was that there were three basic rights, and these were Life, Liberty, and Property. Actually Jefferson was in part right! He had concluded that civilised life depended greatly on the most fundamental right of a Family (Life), and a Nation (Liberty or Sovereignty), but totally ignored the most fundamental right of an Individual (Privacy). Fundamental Elements are complex elements, since these elements are actually based on a combination of one or more Bathetic Elements. Fundamental Elements are necessary to ensure the trinity based on the most fundamental right of the Individual, the Family, and of the nation or State. Fundamental Element Fundamental Right Related To Privacy Right to Privacy (Right of the Individual) Right to Be Left in Peace; also Right not to be Exploited Life Right to Life (Right of the Family) The "Theta" Elements Liberty Right to Be Sovereign (Right of a Government) "Bathetic" Elements The Ultimate Right Jesus of Nazareth claimed that the sum of all of the Mosaic law was Love. When one carefully examines the matter in light of all that was discussed so far, we realise that Jesus was right! Love, especially Unconditional Love, is not possible unless you ensure all Bathetic and Fundamental Elements, the basis for the whole of Cesidian law. The Ultimate Right is thus not the right of an Individual, of a Family, or even of a Nation, since you must go even higher than that to ensure this right. It is a Divine Right, a highly exalted right. The Ultimate Element is an integral or holistic element. When we truly ensure this element, we in fact ensure all the Cesidian elements. And when we truly ensure the right which is a derivative of this element, we in fact ensure all the Cesidian rights. Ultimate Element Ultimate Right Related To Love Right to Be Loved (Divine Right) "Bathetic" and Fundamental Elements Law and the Human Brain Roman law (jus sanguinis/''jus soli) is as primitive and as necessary as the cerebellum is to the brain. The cerebellum is involved in the control of movement, thus an area immediately involved with the right of the territory. American law (jus via naturalisation) expanded Roman law a little, just as the functions of the Wernicke's area of the brain expanded the capacity of the brain. The Wernicke's area is involved with language comprehension and speech, thus an area related with the right of naturalization. Cesidian law (jus cerebri electronici) represents the final stage of evolution of the brain, just as the orbitofrontal cortex represents the ultimate brain part. The orbitofrontal cortex is involved in cognitive processes such as decision making, thus an area related with the right of the server — guess who makes decisions for servers, and can even shape the Internet environment itself? Roman law is still alive today even in America in its ''jus soli and jus sanguinis aspects. Jus soli is Latin for "right of the territory". This means that citizenship is determined even in America by the place of your birth. Actually, in America this aspect of Roman law is even stronger than it is in Europe, where jus sanguinis tends to dominate. Jus sanguinis, another aspect of Roman law, is Latin for "Right of Blood". This means that citizenship is determined even in America by a parent's citizenship. As the Wikipedia states, "Many nations have a mixture of jus sanguinis and jus soli, including the United States, Canada, Israel, Germany (as of recently), Greece, Britain, Ireland, and others." (Jus sanguinis) As by Roman law we don't mean Roman law in its entirety, by American law we also don't mean American law in its entirety. The part of American law we are mentioning is what we've coined jus via naturalisation, which is Interlingua, and not Latin for "Right by way of Naturalization". This part of American law is based on the very American Fourteenth Amendment of the US Constitution, which determines citizenship not just by birthplace (jus soli), not just by parental citizenship (jus sanguinis), but also by naturalization (jus via naturalisation). The Fourteenth Amendment is unequivocal to the fact that citizenship is not determined by birth conditions alone in America, since it states: :"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." There are also problems with the Fourteenth Amendment, problems with the word "person," as this word does not refer solely to natural persons. This issue also generated human rights problems later on in American legal history, because the commingling of the person entity that was started in the Fourteenth Amendment eventually became the basis for legalized human rights abuses later. The Fourteenth Amendment is also problematic since from a Judeo-Christian point-of-view it violates, at least indirectly, the principle of separation of church and state, and this principle, which was fundamental to America's Founding Fathers, is violated in a way that is not progressive but regressive. We will not discuss these issues in detail here, since they are rather complex, but we will simply point to the fact that the Fourteenth Amendment is an imperfect instrument of law, as imperfect as Analytic theology in fact predicts it to be. As by American law we don't mean American law in its entirety, by Cesidian law we also don't mean Cesidian law in its entirety. The part of Cesidian law we mention is what we have coined jus cerebri electronici, which is Latin for right of the server. This part of Cesidian law is applicable also in America if we follow the very properties which the Domain Name System (DNS) and the Internet is based on. Jus cerebri electronici states that the jurisdiction under which a server or client falls is not really determined by the territory on which the server lies, or even the territory on which it was built, but it is based on the hypercitizenship or citizenship of the owner of the server or client. In other words, you and only you determine the citizenship of your server or client. There is also another aspect of law missing, one which Analytic theology actually predicts and synthesizes wonderfully. However, this aspect doesn't determine a person's citizenship (national membership) but a person's fellowship (church membership). While American law (jus via naturalisation) rests pretty much on the Fourteenth Amendment, the foundation for Canon law (jus baptisimalis) can be found in Book I, Title VI, Chapter I, Canon 96 of the Catholic Church’s Code of Canon law: :"By baptism one is incorporated into the Church of Christ and is constituted a person in it with the duties and rights which are proper to Christians in keeping with their condition, insofar as they are in ecclesiastical communion and unless a legitimately issued sanction stands in the way." For a Catholic, baptism is such a powerful rite and a religious sacrament, that even the excommunicated person does not cease to be a Christian, since his baptism can never be effaced. This is thus an area heavily involved with the Rite (Right) of Baptism (jus baptisimalis). In other Christian denominations membership is also often based on baptism, and other religions have their specific rites. In Judaism the situation is complex, since Judaism shares some of the characteristics of an ethnicity and a religion. In the majority of cases one is a Jew simply because he/she is the child of a Jew, thus jus sanguinis applies. In the rarer cases of conversion, however, while there is the circumcision requirement for men, one becomes a Jew regardless of sex by immersion or t’vilah in a mikveh or ritual bath, so even in this case jus baptisimalis applies. Roman law (jus sanguinis/''jus soli) therefore allowed basic navigation on earth (like the cerebellum does in the brain). American law (jus via naturalisation) allowed language comprehension, even foreign language speech (like the Wernicke's area of the brain). However, Cesidian law (jus cerebri electronici) is the only part of the law involved with deliberate decision making (self-determination) — not just in deciding right from wrong, although that plays a strong role as well, but also in deciding Heaven from Hell (as the orbitofrontal cortex does in the brain). In Hell we are still very instinctive, very Roman law-like; Heaven, on the other hand, is deliberate, Godlike, very Cesidian law-like. The holistic picture of citizenship is completed not with an additional kind of national citizenship (right), but with a church fellowship (rite). The very advanced Cesidian canon law, which also works through ''jus baptisimalis, allows for perfect legal and moral integration (as the brain's corpus callosum allows for integration of both hemispheres of the brain), and this occurs by following the 14 Commandments which are, in effect, the Fifth World's equivalent of English common law. See also * Cesidian law jurisdiction References * Adapted from the 5W Wiki article, "Cesidian law" http://www.seedwiki.com/wiki/fifth_world/Cesidian_law, used under the GNU Free Documentation License. * Law and the Human Brain, Tallini, C., 14 August 2006. * Independent Long Island (ILI) declares war on Myanmar and 'invades' its Internet, PR.com, 8 October 2007. * A warning to all nations and micronations, openPR.com, 29 October 2007. *Jus Cerebri Electronici, Raphael Garcia, Blog do Tsavkko - The Angry Brazilian, 19 March 2009 *Controle da Internet, Raphael Garcia, Blog do Tsavkko - The Angry Brazilian, 9 April 2009 *The Cesidian Root: A bizarre peek at the world wide weird, by Sasha Bogursky, FoxNews.com, 29 February 2012 *Сецидианское право, новая модель (Article about Cesidian law), by Татьяна Бонч-Осмоловская (Tatiana Bonch-Osmolovskaya), PostNonFiction.org, 25 October 2014 External links * A Declaration of the Independence of Cyberspace * The Internet is a Place Outside of the Territorial Jurisdiction of the United States * The XIV Commandments * Centre for Cesidian Law Category:Law Category:Macronations Category:Micronations Category:Fourth World Category:Fifth World Category:Cesidianism Category:Neologism Category:Cesidian Church